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Bishu @ Sangram Keshari Behera Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2022)

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Orissa HC
2022
Bishu @ Sangram Keshari Behera Vs State of OdishaBishu @ Sangram Keshari Behera v. State of Odisha

Dismissed

Bishu @ Sangram Keshari Behera v. State of Odisha

Orissa HC9 Nov 2022BLAPL/10230/2022

Case brief

AI extract

What is this about?

The High Court of Odisha dismissed a bail application filed by an accused in a narcotics case, holding that it is not inclined to entertain the matter at this stage as the primary court was seized of the matter during investigation, directing the petitioner to approach the trial court after the charge sheet is filed.

What did the court decide?

Bail application disposed of; petitioner directed to move the trial court after filing of charge sheet.

What the court decided

AI extract

Outcome

Bail application disposed of; petitioner directed to move the trial court after filing of charge sheet.

Issue for consideration

Whether the High Court has jurisdiction to entertain a bail application during the investigation stage when the matter is with the investigating court.

Detailed headnote1 paragraphs

The High Court did not entertain a bail application (Section 439 Cr.P.C.) because the matter was under consideration by the trial court during the investigation stage. The application is disposed of, and the petitioner is directed to move the trial court in seisin after the filing of the charge sheet.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10230 of 2022

Bishu @ Sangram Keshari Behera

Petitioner

Mr. N. R. Ojha, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. P.K. Maharaj, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

09.11.2022

Order No.

01.

This matter is taken up through hybrid mode.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is an accused in T.R. Case No.401 of 2022, pending in the file of learned District and Sessions Judge, Khurda at Bhubaneswar arising out of Khandagiri P.S. Case No.484 of 2022, for alleged commission of offence under Sections 21(b) of the NDPS Act and is in custody since 20.09.2022.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned District and Sessions Judge, Khurda at Bhubaneswar by order dated 30.09.2022 in the aforementioned case, the present BLAPL has been filed.

Since the consideration by the learned Court in seisin over the matter was during the course of investigation, this Court is not inclined to entertain this bail application at this stage.

It shall be open to the petitioner to move the learned Court in seisin over the matter after filing of charge sheet and same shall

Page 1 of 2

be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rules.

(V. NARASINGH)

Judge

Santoshi

Page 2 of 2

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the High Court has jurisdiction to entertain a bail application during the investigation stage when the matter is with the investigating court.

Statutes considered

2 provisions across 2 enactments

AI extract

Code of Criminal Procedure, 1973439
Narcotic Drugs and Psychotropic Substances Act, 198521(b)

Parties & counsel

AI extract

petitioner
Bishu @ Sangram Keshari Behera
respondent
State of Odisha

Coram

AI extract

V. Narasimh

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 9 Nov 2022 · November
Registered: 18 Oct 2022
Case no.: BLAPL/10230/2022
CNR: ODHC010703422022
Topic: Narcotics (NDPS)
Bench: V. Narasingh
Disposal: Disposed Off

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Cite this judgement

Bishu @ Sangram Keshari Behera v. State of Odisha, BLAPL/10230/2022 (OD), decided on 9 November 2022.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Code of Criminal Procedure, 1973439
Narcotic Drugs and Psychotropic Substances Act, 198521(b)

View all statutes

Bench / Coram

V. Narasimh

Parties & counsel